I 

112TH CONGRESS 

1ST SESSION H. R. 1566 

To amend the Servicemembers Civil Relief Act to enhance protections for 

members of the uniformed services relating to mortgages, mortgage foreclosure, and eviction, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 14, 2011 

Mr. WALZ of Minnesota (for himself, Mr. MICHAUD, and Mr. KISSELL) introduced the following bill; which was referred to the Committee on Veterans’ Affairs, and in addition to the Committee on the Judiciary, for a 

period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Servicemembers Civil Relief Act to enhance 

protections for members of the uniformed services relating to mortgages, mortgage foreclosure, and eviction, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting 

5 Servicemembers from Mortgage Abuses Act of 2011’’. 


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1 SEC. 2. ENHANCED PROTECTIONS FOR MEMBERS OF UNI2 FORMED SERVICES RELATING TO MORT3 GAGES, MORTGAGE FORECLOSURE, AND 

4 EVICTION. 

5 (a) EXTENDED PERIOD OF PROTECTIONS.— 

6 (1) STAY OF PROCEEDINGS AND PERIOD OF AD7 JUSTMENT OF OBLIGATIONS RELATING TO REAL OR

8 PERSONAL PROPERTY.—Section 303(b) of the 

9 Servicemembers Civil Relief Act (50 U.S.C. App. 

10 533(b)) is amended by striking ‘‘within 9 months’’ 

11 and inserting ‘‘within 24 months’’. 

12 (2) PERIOD OF RELIEF FROM SALE, FORE13 CLOSURE, OR SEIZURE.—Section 303(c) of such Act 

14 (50 U.S.C. App. 533(c)) is amended by striking 

15 ‘‘within 9 months’’ and inserting ‘‘within 24 

16 months’’. 

17 (3) REPEAL OF SUNSET.—Subsection (c) of 

18 section 2203 of the Housing and Economic Recovery 

19 Act of 2008 (Public Law 110–289; 50 U.S.C. App. 

20 533 note) is amended to read as follows: 

21 ‘‘(c) EFFECTIVE DATE.—The amendments made by 

22 subsection (a) shall take effect on the date of the enact23 ment of this Act.’’. 

24 (b) INCREASED CRIMINAL PENALTIES.— 

25 (1) FELONY FOR UNLAWFUL EVICTION OR DIS26 TRESS.— 


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1 (A) IN GENERAL.—Subsection (c) of sec2 tion 301 of the Servicemembers Civil Relief Act 

3 (50 U.S.C. App. 531(c)) is amended by striking 

4 ‘‘not more than one year’’ and inserting ‘‘not 

5 more than two years’’. 

6 (B) CLERICAL AMENDMENT.—The heading 

7 of such subsection is amended by striking 

8 ‘‘MISDEMEANOR’’ and inserting ‘‘FELONY’’. 

9 (2) FELONY FOR UNLAWFUL SALE, FORE10 CLOSURE, OR SEIZURE.— 

11 (A) IN GENERAL.—Subsection (d) of sec12 tion 303 of such Act (50 U.S.C. App. 533(d)) 

13 is amended by striking ‘‘not more than one 

14 year’’ and inserting ‘‘not more than two years’’. 

15 (B) CLERICAL AMENDMENT.—The heading 

16 of such subsection is amended by striking 

17 ‘‘MISDEMEANOR’’ and inserting ‘‘FELONY’’. 

18 (3) REVIEW OF FEDERAL SENTENCING GUIDE19 LINES.—Pursuant to the authority under section 

20 994 of title 28, United States Code, the United 

21 States Sentencing Commission shall review the Fed22 eral Sentencing Guidelines and policy statements ap23 plicable to offenses under section 301(c) and 303(d) 

24 of the Servicemembers Civil Relief Act (50 U.S.C. 


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1 App. 501 et seq.) to reflect the amendments made 

2 by paragraphs (1) and (2). 

3 (c) INCREASED CIVIL PENALTIES GENERALLY.— 

4 Section 801(b)(3) of such Act (50 U.S.C. App. 597(b)(3)) 

5 is amended— 

6 (1) in subparagraph (A), by striking ‘‘$55,000’’ 

7 and inserting ‘‘$110,000’’; and 

8 (2) in subparagraph (B), by striking 

9 ‘‘$110,000’’ and inserting ‘‘$220,000’’. 

Æ 


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